[Amended 3-7-1977; 12-17-1979 by Ord. No. 11-1979; 6-16-1980 by Ord. No. 13-1980; 5-4-1987 by Ord. No. 6-1987; 10-3-1988 by Ord. No. 6-1988; 9-18-1989 by Ord. No. 7-1989; 3-5-1990 by Ord. No. 1-1990; 3-16-1993 by Ord. No. 2-1993; 11-15-1993 by Ord. No. 7-1993; 11-1-1993 by Ord. No. 8-1993; 10-7-1996 by Ord. No. 9-1996; 8-17-1998 by Ord. No. 5-1998; 8-16-1999 by Ord. No. 6-1999; 11-17-2003 by Ord. No. 5-2003; 3-1-2004 by Ord. No. 1-2004]
[Amended 3-1-2004 by Ord. No. 5-2004; 12-20-2004 by Ord. No. 17-2004; 8-20-2018 by Ord. No. 8-2018; 12-20-2004 by Ord. No. 17-2004; 9-21-2020 by Ord. No. 2020-02]
A. 
For the purpose of this chapter the Borough of Rocky Hill is hereby divided into use districts as follows:
R-1
Single-Family Residential
R-1A
Planned Residential A
R-1B
Planned Residential B
R-1C
Age-Restricted/Traditional Neighborhood Development
CH
Cottage Housing Overlay
R-2
Village Residential
R-3
Residential Cluster
B
Business
IND
Industrial
CL
Community Land
HP
Historic Preservation Overlay
AS
Airport Safety
B. 
The Historic Preservation District shall be an overlay district, and for any land located within it the regulations set forth in § 80-95 shall be in addition to the regulations of the other zoning district or districts within which such land is located.
C. 
The Cottage Zoning Overlay shall be an overlay district to the R1-C Zoning District, and for any land located within it the regulations set forth in § 80-86.1 shall apply to all development in the district which does not conform to the underlying R1-C regulations for Age-Restricted/Traditional Neighborhood Development.
D. 
The regulations and standards associated with the AS Airport Safety Zone shall govern for any land located within the AS Airport Safety Zone as set forth in § 80-96 and shall be in addition to the regulations of the other zoning district or districts within which such land is located.
[Amended 12-20-2004 by Ord. No. 17-2004; 7-21-2014 by Ord. No. 3-2014; 8-20-2018 by Ord. No. 8-2018; 9-21-2020 by Ord. No. 2020-02]
The boundaries of these districts are hereby established as shown on the map entitled "Zoning Map of the Borough of Rocky Hill, Somerset County, NJ" bearing the revision date of August 2020, which is hereby made a part of this chapter.[1]
A. 
Purpose. It is the purpose of this district to recognize the existing residential development pattern outside the historic district and provide zoning regulations consistent with that development.
B. 
Principal permitted uses on land and in buildings.
(1) 
Single-family residences.
(2) 
General farming, including the raising and breeding of horses, but excluding all other forms of animal husbandry.
C. 
Accessory uses permitted.
(1) 
Garages and off-street parking.
(2) 
Fences and walls.
(3) 
Swimming pools and tennis courts on the same lot with single-family residences.
(4) 
General farming, including the raising and breeding of horses, but excluding all other forms of animal husbandry.
(5) 
Uses naturally and normally incident to principal permitted uses or other permitted accessory uses.
D. 
Conditional uses.
(1) 
Schools, churches, and parish houses meeting the following standards:
(a) 
The minimum lot size shall be two acres.
(b) 
The facility shall be connected to public water and sewer.
(c) 
No building shall be located within 50 feet of any lot line.
(d) 
No accessory use shall be located within 25 feet of any lot line.
(e) 
A planted buffer with a minimum depth of 15 feet or fencing or both, all at the Planning Board's option, shall be provided between all parking areas, outdoor facilities, and adjacent lot lines. This provision may be waived if natural topography or other natural or man-made features adequately separate parking areas from adjoining residentially zoned land.
(f) 
Off-street parking. There shall be provided a minimum of one space per three seats for churches or other house of worship. For schools, a minimum of two spaces per classroom, but not less than one space per teacher and staff.
(g) 
Compliance with all other bulk and yard regulations for single-family residences in the district in which the use is proposed not inconsistent herewith.
(2) 
Home occupations meeting the following standards:
(a) 
The use may be located in a residential unit or in a secondary building which is located on the same lot therewith and which was in existence as of January 1, 1993, except that a home occupation which uses toxic, hazardous, or inflammable materials or generates noise or odors different in kind or greater in magnitude than those generated by ordinary residential living shall be permitted only in a single-family detached residence or a secondary building.
(b) 
The use shall be limited to 400 square feet.
(c) 
The occupation must be conducted by a resident, and no nonresidents may work on the premises on other than an occasional basis and no more than one at a time.
(d) 
No manufacturing, retail or wholesale sales to persons coming to the premises or warehousing of products is permitted, except that making crafts and other homemade products and storage of such crafts and products shall be permitted.
(e) 
No signage is permitted.
(f) 
The residential character of the building shall not be altered, and there may not be any external display of products or other evidence of the home occupation. Secondary buildings containing a home occupation shall maintain the character of an outbuilding.
(g) 
The use shall not generate any noise or odors exterior to the structure in which it is located, may not generate interference with radio and television reception, and may not produce toxic or hazardous wastes. All federal, state, and local restrictions on toxic and hazardous materials shall apply to home occupations.
(h) 
No parking space shall be installed for a home occupation, except that the Planning Board may require additional parking if it deems same necessary, in which case site plan approval shall be required.
(i) 
No more than one home occupation shall be permitted on each lot.
(j) 
Access to and the location of the home occupation within the structure shall be designated to minimize the impact on neighboring residential units.
(k) 
Hours of operation shall be established so as to minimize the number of visitors to the home occupation after normal business hours and to minimize the impact on the neighborhood.
(l) 
The home occupation shall not use more than one vehicle on a regular basis, and such vehicle shall be parked on the premises and limited to an automobile, pick-up truck weighing no more than three-quarters of a ton, or van with a capacity for no more than seven passengers. If the applicant proposes to park such a vehicle on the premises, he shall submit a site plan showing the parking location and screening therefor.
(3) 
Affordable accessory apartments in accordance with and subject to § 80-99, Accessory apartments.
[Added 6-15-2009 by Ord. No. 5-2003; amended 6-21-2022 by Ord. No. 2022-05]
E. 
Density, bulk and yard regulations.
(1) 
Minimum lot area: one acre.
(2) 
Minimum lot depth: 200 feet.
(3) 
Minimum lot width: 150 feet.
(4) 
Minimum front yard: 75 feet.
(a) 
Principal structure: 50 feet.
(b) 
Accessory building: 80 feet.
(5) 
Minimum side yard: 25 feet.
(a) 
Principal structure: 25 feet.
(b) 
Accessory building: 15 feet.
(6) 
Minimum rear yard.
(a) 
Principal structure: 50 feet.
(b) 
Accessory building: 10 feet.
(7) 
Maximum building height.
(a) 
Principal structure: 35 feet.
(b) 
Accessory building: 18 feet.
(8) 
Maximum lot coverage: 20%.
F. 
Buffers: no requirement.
G. 
Minimum off-street parking: two spaces per dwelling unit.
H. 
Regulations for the raising and breeding of horses.
(1) 
Minimum lot area: three acres.
(2) 
Number of horses permitted: no more than one per acre.
(3) 
Setbacks: all structures and areas for the feeding and boarding of horses and all manure piles shall be set back at least 100 feet from all property lines.
(4) 
Fencing: lots upon which horses are raised and bred shall be suitably fenced, but electric fences are prohibited.
I. 
Circulation. Undeveloped lots within the R-1 District which front on Princeton Avenue shall have their frontage on such avenue and shall not be built as reversed frontage lots with access to interior streets. Such lots shall have turnaround driveways.
[Amended 12-20-2004 by Ord. No. 17-2004]
A. 
Purpose. It is the purpose of this district to meet a need in the Borough of Rocky Hill and County of Somerset for senior housing by providing for an age-restricted neighborhood adjacent to the Village Center. Development of this neighborhood should employ traditional neighborhood development techniques to ensure that it is compatible with the Village Center and consistent with the New Jersey State Development and Redevelopment Plan's policies for new development in areas adjacent to designated Village Centers. The visual corridor along Princeton Avenue shall be continued in a form of a greenbelt, consistent with the Land Use Plan element of the Master Plan.
B. 
Principal permitted uses on land and in building.
(1) 
A planned unit residential development consisting of two-family side-by-side units meeting the standards as set forth in this § 80-86 and age-restricted to households where at least one individual is 55 years of age. Such a household shall not include any resident person who is below 18 years of age.
(2) 
General farming.
C. 
Accessory uses permitted.
(1) 
Fences and walls, subject to Planning Board approval as part of a Comprehensive Plan for the entire tract.
D. 
Conditional uses.
(1) 
Home occupations meeting the standards set forth in § 80-85D(3).
(2) 
Affordable accessory apartments in accordance with and subject to § 80-99, Accessory apartments.
[Added 6-21-2022 by Ord. No. 2022-05]
E. 
Comprehensive development, density, bulk, yard, and parking regulations.
(1) 
Minimum tract size: The entirety of the district, which shall be designed in a comprehensive manner.
(2) 
Number of dwelling units permitted: The maximum number of dwelling units permitted in the district shall be 34 units in 17 two-family side-by-side units.
(3) 
Bulk standards for the R-1C District:
(a) 
Minimum lot area per unit: 7,000 square feet.
(b) 
Minimum lot frontage at street line: 10 feet.
(c) 
Minimum distance between buildings, excluding open porches: 25 feet.
(d) 
Minimum front yard: 15 feet.
(e) 
Minimum rear yard: 10 feet.
(f) 
Minimum side yard: zero feet on one side and 10 feet on other side.
(g) 
Maximum building height of dwelling: 2 1/2 stories, but not to exceed 35 feet measured from the average elevation of the finished grade five feet from the foundation to the highest point of the building.
[Amended 4-18-2005 by Ord. No. 3-2005]
(h) 
Maximum building coverage: 45%.
(i) 
Maximum lot coverage: 70%.
(j) 
Maximum square feet per dwelling unit:
[1] 
Eighteen units not to exceed 3,000 square feet of habitable space each, plus a garage with a maximum of 500 square feet and a height limit of one story.
[2] 
Sixteen units not to exceed 3,500 square feet of habitable space each plus a garage with a maximum of 500 square feet and a height limit of one story.
(k) 
Shared driveways are permitted.
(l) 
Parking shall be permitted on one side of the interior street to the development.
(m) 
Open porches may encroach into the front, side and rear yards, but by not more than 50% of the minimum applicable setback requirement.
F. 
Design standards for the R-1C District:
(1) 
The lots, road configuration, building placement, and unit types set forth on the illustrative figure for the R-1C District attached to this chapter are for illustrative purposes only and to demonstrate a plan complying with the intent and purposes of the R-1C District.[1]
[1]
Editor's Note: Said illustrative figure is included as an attachment to this chapter.
(2) 
All buildings lots shall be at least 150 feet from the Princeton Avenue right-of-way before any dedication.
(3) 
Public pedestrian and bicycle access to the abutting park shall be provided from within the development via the internal street. As part of the development, the existing sidewalk at Princeton Avenue and Crescent Avenue shall be extended to the pedestrian entrance of the abutting park. The sidewalk shall be along the northwesterly side of Princeton Avenue to the extent that right-of-way exists or is made available by the Borough of Rocky Hill to the developer.
(4) 
A village green shall be provided in the center of the development.
(5) 
A landscape buffer in accordance with § 80-46 shall be provided along the perimeter property lines adjacent to the residential districts.
(6) 
The R-1C District shall be designed in a manner that:
(a) 
Clusters development close to the Village Center.
(b) 
Is compatible with the street grid and block arrangement of the Village Center and Historic Preservation District.
(c) 
Encourages the use of shared driveways and rear lanes to reduce the number of curb cuts and the visibility of driveways and garages.
(d) 
Provides adequate green open space along Princeton Avenue as a viewshed corridor.
(e) 
Features a village green, which shall be designed and spatially defined by the architectural streetscape.
(f) 
Provides pedestrian and/or bicycle connections to the Borough's sidewalk and open space network.
(7) 
The district architectural design standards contained in § 80-86F(8) are intended to ensure that proposed buildings are compatible with the existing structures of the Historic Preservation District. Buildings to be constructed in the R-1C District shall have architectural elements such as open porches, building offsets, and changes in roof forms to be sensitive to massing and scale. The buildings shall incorporate a variety of porch configurations, changes in fenestration and/or other exterior elements and color variation for diversity in the streetscape.
(8) 
Within the development variations in architectural style are encouraged. Buildings and fences shall be designed to be compatible with the architecture and landscape within the Historic Preservation District. A development meeting the following standards and the standards set forth in § 80-86F(6) and (7) shall be deemed to comply with the Historic Preservation District requirements set forth in § 80-95:
(a) 
All massing, building and roof forms respect the general scale and proportions of the historic homes of the Borough of Rocky Hill.
(b) 
Buildings shall be composed of a primary form or mass with secondary wings of similar character.
(c) 
Garages and parking are, to the extent practicable, located in the rear of the lot and do not visually overpower the facade of the building.
(d) 
Buildings that are located on street corners or have multiple facades along public areas have the same architectural quality and detail on each of those facades.
(e) 
Materials, textures and colors are compatible with the homes in the historic district of the Borough of Rocky Hill.
(f) 
Any change in building material occurs at a logical place, such as a change in building mass, roof or an inside corner.
(g) 
All visible facades have a defined "base" (foundation wall, water table, etc.) and "cap" (fascia/frieze, cornices, rakes, etc.).
(h) 
The entry to a building is easily identifiable from the street and/or public spaces.
(i) 
Windows are vertically proportioned and appropriate for the style of the architecture.
(j) 
Shutters match the window opening and single shutters are not used on multiple or ganged windows.
(k) 
Cornices utilize properly sized fascia and frieze boards and supporting moldings and shall be properly returned.
(l) 
Columns are properly aligned, with the shaft of the column to be in the same plane as the beam or frieze board above.
(m) 
Landscaping plantings and fencing which are consistent with the existing pattern of the Village Center, compliment the architecture and do not obscure the buildings.
(n) 
Garages, breezeways and secondary wings are sited to create privacy yards and outdoor living spaces.
(o) 
Utility meters, air conditioner condensers, vents, trash, and recyclables are located away from the visible portions of the buildings and screened with fencing and/or landscaping.
(p) 
Entrance and porch projections shall relate to the street and be visually compatible with related structures and spaces.
G. 
Standards for streets.
(1) 
There shall be no more than one access road from Princeton Avenue, and the access point therefor shall be located in a manner so as to minimize the disruption of the open space along the Princeton Avenue corridor, subject to a determination by the Professional Engineer and Traffic Engineer of the Planning Board that such point will provide safe ingress and egress for the development.
(2) 
The streets interior to the development will be constructed consistent with the Residential Site Improvement Standards and the applicable Borough of Rocky Hill ordinances.
(3) 
All streets interior to the development will be owned, repaired and maintained by the developer of the property or its successor or assigns or a homeowners' association established for that purpose, with the documents forming the homeowners' association approved by the Planning Board attorney.
(4) 
The type of homeowners' association will be at the discretion of the developer, and, if necessary, the developer will provide the Planning Board attorney with proof of registration with the Department of Community Affairs.
(5) 
No interior street in the development will be accepted by the Borough of Rocky Hill.
H. 
Required deed restrictions.
(1) 
Deed restrictions approved by the Planning Board attorney shall be recorded for that portion of the common open space within 150 feet of the Princeton Avenue right-of-way so as to ensure that it is maintained as an open field without formal landscaping or in farming operations, and that no buildings shall be constructed thereon. Other improvements, such as pedestrian and bicycle paths, fences, stormwater management facilities, sewer, water, and underground utilities, such as gas, electric, telephone and cable, may be located within this area. The area subject to deed restrictions shall be maintained in accordance with a plan approved as part of the development application.
(2) 
Deed restrictions approved by the Planning Board Attorney shall be recorded providing that the maximum number of dwelling units shall be 34 age-restricted units.
I. 
Regulations for the raising and breeding of horses. Until such time as the R-1C District is developed in accordance with this chapter, the following shall apply whenever property in the R-1C District is used for the raising and breeding of horses:
(1) 
Minimum area: three acres, including the lot plus land on adjoining lots dedicated by easement for such purposes.
(2) 
Number of horses permitted: no more than one per acre.
(3) 
Setbacks: all structures and area for feeding and boarding of horses and all manure piles shall be set back at least 100 feet from all property lines.
(4) 
Fencing: lots upon which horses are raised and bred shall be suitably fenced, but electric fences are prohibited.
[Added 8-20-2018 by Ord. No. 8-2018]
A. 
Purpose.
(1) 
The purpose of cottage zoning is to promote the development of small, high quality, single-family homes. This development will support a mix of income levels and include an affordable housing component in accordance with the Borough's Affordable Housing Regulations, Article VIII of the Rocky Hill Land Use Code. Housing units will have less overall bulk and a smaller architectural scale than standard single-family homes. And since this overlay zone is located within the Borough's Historic District, any development in accordance with this section shall comply with all requirements of the Historic District.
(2) 
The site design standards contained in this section are intended to create an authentic cottage development which always includes small, compact clusters of cottages, each oriented around a functional common open space that is intended to foster a sense of community and enhanced security. Cottage clusters will be pedestrian-oriented, with vehicular use assuming a lower priority. Each cottage cluster will include pedestrian amenities and opportunities to promote socializing while minimizing the visibility of streets and parking. Common areas of the development will be governed by a homeowners' association.
(3) 
The architectural design standards contained in this section are intended to encourage cottage-style housing with the size, proportionality and character of Craftsman-style homes built in the early 20th century. Smaller homes within a tightly clustered development will create more opportunities for areas of open space and overall site buffering in the form of a greenbelt will protect the streetscape of Princeton Avenue and the Borough's Historic District. Each first-floor cottage will include some private open space adjoining public open space, thereby fostering a sense of ownership while enhancing diversity in the landscape.
(4) 
Cottage housing development will encourage an efficient use of land and help create a safe, tightly knit, multigenerational and mixed-income community. As an overlay zone, this section must be utilized if future development proposed for the zone does not comply with the standards of the base zone, R1-C Age-Restricted/Traditional Neighborhood Development, or is otherwise inconsistent with approvals already granted under the R1-C zoning regulations.
B. 
Principal permitted uses.
(1) 
Cottage units.
C. 
Conditional uses.
(1) 
Home occupations meeting the standards set forth § 80-85D(2) with the following exceptions:
(a) 
No more than 15% of the cottage unit may be used for home occupational use.
(b) 
No nonresidents may work on the premises as an employee of the home occupation at any time.
(c) 
Home occupations shall generate no visitor traffic to the cottage unit.
(d) 
Commercial vehicles are not permitted.
(e) 
Secondary buildings are not permitted.
D. 
Accessory uses.
(1) 
Surface parking.
(2) 
Common use structures.
(a) 
Shared enclosed parking.
(b) 
Storage building.
(3) 
Enclosed bicycle lockers.
(4) 
Condominium association clubhouse.
E. 
Prohibited accessory uses.
(1) 
Basements.
(2) 
Individual garages.
F. 
Comprehensive development, density, bulk and yard regulations for all principal permitted uses and accessory uses. The following standards are considered vital to the establishment of cottage development to insure that the development functions as it is expected to function and possesses the desired character that is indicative of an authentic cottage development.
(1) 
Cottage units.
(a) 
Number of units: Development shall generate at least 60 dwelling units at a density, not to exceed six units per acre of net buildable land.
(b) 
Minimum tract size: The entirety of the district, which shall be designed in a comprehensive manner, and any development application shall show all proposed development for the entire tract.
(c) 
Size of units: The maximum size for any single cottage unit shall be 1,200 square feet. The minimum size for any single cottage unit shall be 800 square feet. No more than 30% of the cottages shall be 1,200 square feet. No less than 30% of the cottages shall be 800 square feet. The average size for all cottages within the development shall be 1,000 square feet. The access stairway to second-story units shall not be included in the square footage calculation of any second-story unit.
(d) 
Second-story units: No less than 5% and no more than 20% of the development's total number of cottage units may be second-story units. Second-story units must be at least 20% smaller than the ground-floor units directly below them.
(e) 
Rental units: All rental units shall operate under a minimum one-year rental agreement. Short-term rentals are not permitted. Only second-story cottage units may be rental units.
(f) 
Affordable housing: 20% of the development shall be deed-restricted affordable housing units in accordance with the Affordable Housing Regulations of the Borough of Rocky Hill, Article VIII of the Rocky Hill Land Use Code. As the development is constructed, for every four certificates of occupancy that are issued for market rate units, one certificate of occupancy must be issued for an affordable housing unit before any more certificates of occupancy will be issued for market rate units.
(2) 
Cottage clusters.
(a) 
Cluster size: There shall be no more than 12 cottage units, and no fewer than four cottage units in a single cluster. The overall size of any one cluster should not exceed one acre.
(b) 
Cluster design and cottage orientation: At least 75% of all cottage units within each cluster shall be oriented around a common open space and designed to promote a sense of community. Those cottage units which do not front directly on the common open space shall be within 60 feet of it. The front of all cottage units shall face the common open space or a common walkway that is not along a roadway. The facade of any cottage unit which faces the roadway shall be considered the "side" or "rear" facade of that unit.
[1] 
The following conceptual diagrams illustrate typical cottage cluster configurations.
CONCEPTUAL DIAGRAMS of
TYPICAL COTTAGE CLUSTERS
W/OPEN SPACE AND PARKING
for ILLUSTRATIVE PURPOSES ONLY
(Source: 'Cottage Zoning Development,' Lehigh Valley Planning Commission, PA, 2015)
OR
(Source: 'Cottage Housing Development Design Standards,' Port Townsend, WA,)
 
(c) 
Distance between buildings: All cottage structures shall be separated by at least eight feet. Minor architectural features, such as eaves, bay windows and chimneys may extend 18 inches into the separation distance between the buildings as long as six feet of clearance between the buildings is maintained.
(d) 
Common open space: Common open space and other common areas serve to provide habitable outdoor space and shared areas for cottage residents. They are intended to be as much a resource for building a sense of community as they are a visual amenity.
[1] 
There shall be 400 square feet of common open space per cottage unit in each cluster, with a minimum of 2,500 square feet regardless of the number of cottage units in the corresponding cluster.
[2] 
No dimension of a common open space area shall be less than/narrower than 20 feet.
[3] 
At least 75% of all ground-floor cottage units within each cluster must have their main entry facing the common open space.
[4] 
Perimeter setbacks and private open spaces cannot be counted towards the common open space calculation.
[5] 
Cottage units must surround the common open space on a minimum of three sides of the common open space.
[6] 
Common open space shall include usable public spaces such as lawn, gardens, patios, plazas, barbeque facilities. Common tables, chairs and benches are encouraged. An active recreation element may be included if the condominium/homeowners' association so chooses although any active recreation shall not dominate the common open space.
[7] 
Common open space shall not include stormwater/detention basins, critical lands or steep slopes greater than 10%.
[8] 
All sidewalks shall conform with residential site improvement standards, although in common open space areas six feet wide, walks with room for pedestrians to walk side-by-side are encouraged.
[9] 
The system of walkways shall connect all cottage units with each other, as well as with parking. Similarly, all common areas shall be connected with walkways and all walkways of the development shall connect with public sidewalks if they exist or are proposed to exist along the public right of way of Princeton Avenue or in adjacent pedestrian areas of Van Horne Park. To the greatest extent possible, pedestrian and vehicular systems within the development should be kept separate; pedestrian crossings over roadways should be minimized. Bike paths are encouraged in appropriate locations throughout the development where they will not conflict with pedestrian circulation.
(e) 
Private open space: Private open space shall be for the exclusive use of the cottage residents to which the private open space is attached. This area is intended to be a transition area between the privacy of the first-floor cottage unit and the public realm of the common open space. It should be visible from the common open space, but also physically separated with a fence or hedge.
[1] 
Two hundred square feet of usable private open space is required per ground-floor cottage unit. Second-story cottage units shall have access to an outdoor uncovered deck overlooking the common open space equal to at least 10% of the size of the second floor cottage unit.
[2] 
Private open space shall be adjacent to the front of the first floor cottage unit adjoining common open space and surrounded by a hedge or fence, not to exceed three feet in height. When considering the configuration of private open space, there shall be no dimension through the private open space which measures less than 10 feet, inclusive of any hedge or fence. The main entrance of the ground-floor cottage unit shall front on the private open space via an elevated front porch overlooking the private open space.
(3) 
Site development.
(a) 
Any principal or accessory building that abuts the perimeter property line at the periphery of the tract shall be setback from the property line a distance that is at least equal to the height of the building.
(b) 
All principal and accessory buildings shall be at least 150 feet from the Princeton Avenue right-of-way.
(c) 
Deed restrictions approved by the Planning Board attorney shall be recorded for that portion of open space within 150 feet of the Princeton Avenue right-of-way so as to ensure that it is maintained as an open field without formal landscaping and that no buildings shall be constructed thereon. Other improvements, such as pedestrian and bicycle paths, fences, stormwater management facilities, sewer, water, and underground utilities, such as gas, electric, telephone and cable, may be located within this area. The area subject to deed restrictions shall be maintained in accordance with a plan approved as part of the development application.
(d) 
The streets interior to the development will be constructed consistent with the residential site improvement standards and the applicable Borough of Rocky Hill ordinances.
(e) 
All streets interior to the development will be owned, repaired and maintained by the developer of the property or its successor or assigns or a homeowners' association established for that purpose, with the documents forming the homeowners' association approved by the Planning Board attorney.
(f) 
No interior street in the development will be accepted by the Borough of Rocky Hill.
(g) 
Public pedestrian and bicycle access to the abutting park shall be provided from within the development via the internal pedestrian entrance. As part of the development, the existing sidewalk at Princeton Avenue and Crescent Avenue shall be extended to the pedestrian entrance of the abutting park. The sidewalk shall be along the northwesterly side of Princeton Avenue to the extent that a right-of-way exists or is made available by the Borough of Rocky Hill to the developer.
(h) 
Parking, whether in parking lots or on streets, should be set back from the perimeter property line at the periphery of the tract a distance that is at least equal to that which is required to accommodate buffer planting or perimeter landscaping, unless the Planning Board determines that a visually impervious decorative fence is otherwise appropriate.
(i) 
Cottage clusters shall be located in a manner as to avoid critical lands such as but not limited to wetlands, waterways, steep slopes, rock outcroppings and/or restrictive geology, and threatened and endangered wildlife habitat areas.
(j) 
Stormwater management systems shall be designed in accordance with § 80-119, Stormwater management requirements for major development. In addition, all stormwater management basins shall be located outside cottage clusters. To the greatest extent possible, cottage clusters shall be designed and graded to direct stormwater runoff away from the center of the cluster and into an effective stormwater management system outside of any cottage cluster.
(k) 
All new utilities shall be installed underground. Water service shall be provided by the developer through a public utility company.
(l) 
A landscape buffer in accordance with § 80-46 shall be required along the perimeter property lines adjacent to other residential and nonresidential uses, with the exception of parkland. Landscape buffering along the perimeter property lines adjacent to parkland is optional.
(4) 
Parking.
(a) 
Number of parking spaces: Parking shall be provided in accordance with residential site improvement standards.
(b) 
Parking lots shall be broken into small parking lots of no more than five parking spaces. Adjacent parking lots shall be separated by landscaped areas with a minimum width of 12 feet.
(c) 
Parking location. To the greatest extent possible, parking should be dispersed in a manner designed to minimize walking distance to cottage units and yet, all parking, including enclosed parking, shall be located to the rear of the cottage units, away from the common open space. Parking may be provided in both off-street or on the street.
(d) 
Shared enclosed parking: No more than 20% of all parking may be provided within stand-alone common parking garages. Multiple garages must be separated by a minimum of 60 feet. No garage shall accommodate more than four cars or be more than 1,000 square feet in size. All garages shall have rooflines and an architectural style that are consistent with the character of the cottages. Garage doors shall feature windows, recesses and/or moldings to help blend the doors with the character of the cottages. Garage facades shall have features that add interest to all blank walls. Garages shall be reserved for the parking of vehicles owned by residents of the development. Storage of items which precludes the use of the enclosed parking spaces for vehicles is prohibited.
(e) 
Landscaping required for parking lots: Parking lots shall be landscaped with an appropriate mix and quantity of plant material canopy trees, evergreen and deciduous shrubs and groundcover such that the resulting planting softens the visual appearance of the parking lot, screens the view of the parking from cottages and public spaces, and adds shade to mitigate the heat island effect.
(5) 
Bicycle lockers.
(a) 
No bicycle locker shall accommodate more than nine bicycles. All bicycle lockers shall be enclosed and have rooflines and an architectural style that are consistent with the character of the cottages. Access doors shall feature recesses and/or moldings to help blend the doors with the character of the cottages. Structure facades shall have features that add interest to all blank walls. Bicycle lockers shall be reserved for the parking of bicycles owned by residents of the development. Storage of items which precludes the use of the lockers for bicycles is prohibited.
(6) 
Homeowners' association.
(a) 
A homeowners' association shall be responsible for the upkeep and maintenance of all common areas and the ongoing enforcement of all standards governing cottage development contained in this section.
(b) 
The type of homeowners' association will be at the discretion of the developer, and, if necessary, the developer will provide the Planning Board attorney with proof of registration with the Department of Community Affairs.
G. 
Architectural design standards.
(1) 
Variety in building design: Variety and visual interest shall be created by using a combination of building articulation, change in materials or textures, windows, chimneys and similar architectural features. A minimum of at least one architectural articulation or roof break shall occur on every elevation facing the common open space or public street. No blank walls are permitted on any side of any cottage structure. Cottage units of identical elevation types must be separated by at least two different elevations. This will result in at least three different building elevation plans per cluster. No two adjacent cottage structures shall be built with the same building size, facade material and/or colors. Cottage structures on the corners of cottage clusters shall be designed to provide architectural modulation and detail on both exposed facades. Examples of modulation include architectural elements such as, but not limited to, bay windows, wrapped porches and dormers.
(2) 
Building height: In cottage design, one-story units are preferred. Because the visual density of each cluster of cottages is higher than in traditional single-family development and, the building separation less than in traditional single-family developments, it is important to maintain a feeling of adequate light and open space by providing more restrictive maximum roof heights and roof proportion standards. The maximum height of a single-story cottage unit shall be 18 feet. The maximum height for a two-story/two-unit cottage structure shall be 25 feet. To provide variability in design, a minimum of two cottage heights are required within each cluster of six cottage units or more; however, only one out of every three structures may be two-story or 25 feet in height.
(3) 
Massing: Cottage structures shall not have the appearance of "tall, skinny houses." As a guide, one-story cottage units shall not appear to exceed a ratio of one-to-one (ridge height to width) as viewed from either the common open space or adjoining roadways. Two-story cottage structures shall have appropriate massing that minimizes a tall and skinny appearance as much as possible.
(4) 
Entrances and porches: Porches are required. All first-floor cottage units shall provide porches to accentuate the primary and secondary entrances to the cottage units. All porches and other entrances shall be covered. Second-floor cottage units shall have uncovered decks in place of front porches.
(a) 
The front of each cottage unit shall have an elevated and covered porch, a minimum of 80 square feet in size at the primary entry.
(b) 
Each first floor cottage unit abutting a roadway shall have a secondary entry with a covered porch, a minimum of 25 square feet in size, oriented toward the street. The same shall apply to secondary entries of first floor units that face a common walkway. If abutting more than one roadway, the applicant may determine which roadway the secondary entrance with covered porch will be oriented towards.
(c) 
All front porches shall be a minimum of eight feet deep on the front of the cottage unit and a minimum of six feet deep on a side if the porch wraps around the side of the building.
(d) 
Porches and decks shall never be permanently, seasonally or temporarily enclosed.
(5) 
Roof lines: Varied and interesting rooflines must be provided. This shall include some combination of varied pitch, roof styles, gables and dormers. Roof breaks and step-downs are encouraged. Cottage units shall have a minimum of 6:12 roof pitch, however, up to 40% of the roof area may have a slope not less than 4:12 when said slope is limited to architectural features such as dormers, bay windows and porch roofs. All eaves shall be a minimum of 12 inches wide.
(6) 
Facade treatment: Window orientation shall avoid creating adverse privacy issues within the cottage clusters. At least 10% of each cottage unit facade shall be windows. Architectural designs shall include substantial exterior trim elements consistent with small, Craftsman-style homes. All window and door trim shall be a minimum of 3 1/2 inches in width.
(7) 
Utility services: Utility meters, air conditioner condensers, vents, trash, and recyclables must be located away from the visible portions of the buildings to the greatest extent possible and always screened with fencing and/or landscaping.
[Added 12-13-2021 by Ord. No. 2021-15]
A. 
Purpose. The purpose of the Princeton Avenue Affordable Housing Overlay Zoning District is to promote a mix of residential housing types within a single development including an affordable housing component and which is compatible with the character of the existing community and respectful of the area's natural resources.
B. 
Terms defined. As used in this section, the following terms shall have the meanings indicated:
STACKED TOWNHOUSE
A structure containing two or more connected dwelling units stacked one unit above another, which can include shared floors divided by walls and shared common party walls, with private entrances to each unit. There shall be no more than eight units per building.
TOWNHOUSE
A structure of no less than three and no more than six attached dwelling units, with each dwelling unit extending from the ground to the roof and having individual outside access and no interior facilities, conveniences, or services shared with other dwelling units making up the overall building.
C. 
Principal permitted uses.
(1) 
Single-family detached residences.
(2) 
Townhouse units.
(3) 
Affordable housing units are permitted to be stacked townhouse units, provided the structure does not exceed the maximum height permitted in the zone.
D. 
Accessory uses.
(1) 
Detached garages, which may have a breezeway connecting the garage to the residence provided that the sides are fully open and a deed restriction prohibits converting the breezeway to living space.
(2) 
Off-street parking subject to the Residential Site Improvement Standards (RSIS).
(3) 
Mail kiosk/cluster box unit.
(4) 
Fences and walls, subject to Planning Board approval and consistent with § 80-54.
(5) 
One freestanding sign at the entrance to the development, the design of which shall be subject to Planning Board approval and consistent with § 80-74, with the exception that sign area may measure no greater than 24 square feet. The height of the freestanding sign, including any support or frame, shall not be more than six feet above the ground measured at finish grade.
E. 
Prohibited accessory uses.
(1) 
Detached garages, except as referenced in Subsection D(1).
(2) 
Trash and recycling structures or areas.
F. 
Comprehensive development, bulk and yard regulations for all principal permitted uses and accessory uses.
(1) 
Minimum tract size: The entirety of the Princeton Avenue Affordable Housing Overlay Zoning District, which shall be designed in a comprehensive manner; any development application shall show all proposed development for the entire tract.
(2) 
Number of dwelling units permitted: The total shall not exceed 78 dwelling units.
(3) 
Size of units. Consistent with the concept plan referenced herein:
(a) 
The townhouse units may have maximum dimensions of 26 feet wide by 59 feet deep;
(b) 
The stacked townhouse units may have maximum dimensions of 28 feet wide by 60 feet deep; and
(c) 
The single-family homes may have maximum dimensions of 31 feet wide by 86 feet deep inclusive of a detached garage.
(4) 
Utilities: All new utilities shall be installed underground. Public water and sewer service shall be provided by the developer through a public utility company. All utility structures within the property lines shall be owned by owners, the association or the utility companies.
(5) 
Affordable housing requirement. Twenty percent of the total number of residential units in the Princeton Avenue Affordable Housing Overlay Zoning District shall be deed-restricted affordable housing units in accordance with the latest applicable rules for affordable housing as determined by the Uniform Housing Affordability Controls (UHAC) of New Jersey. No certificates of occupancy shall be issued for the market rate units unless the construction is consistent with a phasing plan approved by the Planning Board to assure that the affordable housing units are built proportionally and simultaneously with the market rate units.
(6) 
Maximum gross lot coverage (tract): 45%.
(7) 
Minimum building setback from tract boundaries:
(a) 
Minimum building setback from Princeton Avenue right-of-way:
[1] 
Single-family detached residences: 20 feet; open porches may encroach up to five feet into the required setback.
[2] 
Townhouse units and stacked townhouse units: 75 feet.
(b) 
Minimum building setback from all other tract boundaries:
[1] 
Single-family detached residences: 60 feet.
[2] 
Townhouse units and stacked townhouse units: 50 feet, except one unit may have a minimum of a twenty-five-foot setback due to the configuration of the lot.
(8) 
Maximum building height shall be:
(a) 
Principal structures: 2 1/2 stories and 35 feet, as measured from the finished first floor elevation of each unit to the roof ridge. The finished first floor elevation shall be no more than three feet above the proposed grade where the service walk meets the front porch. The building height restriction shall apply to each unit.
(b) 
Walkouts are only permitted on the market rate townhouses, not on the stacked affordable units. A maximum of 15% of the total units permitted may have walkout basements.
(c) 
A unit with a walkout basement shall not exceed 48 feet from the average finished grade elevation of the two rear corners of the walkout side of the unit to the roof ridge. The measurement shall apply to each unit.
(d) 
Accessory structure: 14 feet.
(9) 
Roof overhangs may encroach into building setback and separation a maximum of 12 inches.
(10) 
Architectural features, including, but not limited to, chimneys and bay windows as well as air conditioners, patios and decks, are not permitted within building setbacks from tract boundaries as established in Subsection F(7) above, with the exception open porches are permitted to encroach into the Princeton Avenue right-of-way as established in Subsection F(7)(a)[1] above.
(11) 
Only the single-family houses shall front on Princeton Avenue.
(12) 
All on-site streets interior to the development will be constructed consistent with the Residential Site Improvement Standards.
(13) 
The association shall retain ownership of the roads and be responsible for all maintenance.
(14) 
Connectivity.
(a) 
The development will have sidewalks on at least one side of all internal roads and along Princeton Avenue in front of the single-family units connecting to the internal sidewalks at the development entrance.
(b) 
Bike lanes shall not be required in the Princeton Avenue Affordable Housing Overlay.
(c) 
The development will include a walking path to connect the development to the adjacent park to be approved by the Planning Board.
(d) 
In the event that the Borough obtains an easement for a bike/walking path to Crescent Avenue, the development will include a connecting path located adjacent to or near the affordable units.
(15) 
Parking shall be provided in accordance with the Residential Site Improvement Standards. Single-family detached units shall meet the requirements for four-bedroom single-family units in RSIS, townhouses shall meet the requirements for three-bedroom townhouses in RSIS, and stacked townhouses shall meet the requirements for one-, two-, or three-bedroom garden apartments in RSIS. Required off-street parking shall be located within 300 feet from the unit served.
(16) 
A landscape buffer as defined in § 80-46, Buffers, shall be required along the perimeter property lines, except where an existing easement runs parallel to the property line, the requirement can be met with a minimum of a ten-foot staggered evergreen tree buffer.
(17) 
Homeowners' association.
(a) 
A homeowners' association shall be responsible for the upkeep and maintenance of all common areas and the ongoing enforcement of all standards in accordance with the homeowners' documents.
(b) 
The type of homeowners' association will be at the discretion of the developer, and the developer will provide the Planning Board attorney with proof of registration with the Department of Community Affairs.
(18) 
The development entrance shall be provided by a divided-type entrance roadway (a boulevard) to at least the first cross street.
(19) 
Site design. The following concept plan illustrates the general pattern of development permitted in the Princeton Avenue Affordable Housing Overlay Zoning District, in accordance with the Round Three Affordable Housing Settlement Agreement of the Borough of Rocky Hill.
G. 
Yard and bulk standards for single-family detached residences.
(1) 
Minimum lot area: 5,000 square feet.
(2) 
Minimum lot frontage: 50 feet.
(3) 
Minimum lot width: 50 feet.
(4) 
Minimum lot depth: 100 feet.
(5) 
Minimum front yard setback: 20 feet, except porches may encroach up to five feet into the setback.
(6) 
Minimum side yard setback: five feet.
(7) 
Minimum rear yard setback: 32 feet for principal structures; five feet for accessory structures. In the case where an accessory structure is attached to the home by way of an open breezeway, the five-foot rear setback shall still apply to the accessory structure.
(8) 
All single-family detached residences shall have frontage along Princeton Avenue and the front facade of the dwelling units shall face Princeton Avenue. All garages shall be located in the rear of the lot. No driveway access shall be permitted from Princeton Avenue to any single-family detached residential lot.
(9) 
Single-family homes must have a detached garage, which may be attached with an open-sided breezeway. Detached garages may be accessed from a private roadway which shall not constitute lot frontage.
H. 
Yard and bulk standards for townhouse and stacked townhouse units.
(1) 
Minimum front building setback:
(a) 
From the curb of any internal cartway: 20 feet.
(b) 
Where sidewalk is present, 18 feet from the house side of the sidewalk.
(2) 
Minimum side building setback from the curb to any internal cartway and/or parking: 15 feet.
(3) 
Minimum building separation, side-to-side: 20 feet except that open porches may encroach up to five feet within this separation.
(4) 
Minimum building separation, side-to-rear or rear-to-rear: 40 feet.
I. 
In the event of any conflict between the provisions and requirements of this section and the provisions and requirements of any other section of this chapter, the provisions and requirements of this section shall govern.
J. 
Architectural design standards for single-family residences, townhouse units, and stacked townhouse units.
(1) 
Building facades should be articulated to create visual interest and help define each individual home. Articulation within the building facades shall consist of variation in the appearance and structure.
(2) 
The visual goals shall be achieved through the inclusion of features such as covered porches, bay windows, offset facades, and differentiated building material types on some of the units.
(3) 
The buildings shall have varied rooflines so that no more than two units have a common ridge and roofline.
(4) 
Emphasis should be on Craftsman-style or farmhouse features to reflect the character and feel of residential neighborhoods in Rocky Hill's Historic District.
(5) 
Roof height, pitch, ridgelines and roof materials should be varied to create visual interest and avoid repetition. The roof pitch for primary roofs shall be 6:12; however, low-pitched roofs may be acceptable if appropriate to the architectural style of decorative features such as dormers, gables, and covered porches.
(6) 
At least half of the units must have architectural features on the front portion of the main roof such as gables or dormers.
(7) 
All primary roofs shall have a minimum eave depth of 12 inches as it occurs on the front, rear and end elevations. This shall not apply at adjoining units.
(8) 
Buildings shall incorporate varied architectural features at covered entrances, corners, eaves and windows.
(9) 
Each individual unit shall be designed with a private covered entry door porch and incorporate columns and/or sidelights or transom windows to create a focus on the front entrance. The entry porch shall not be recessed more than four feet from the face of the garage door.
(10) 
All doors and windows shall have at least four-inch nominal casings with sills and four-inch heads.
(11) 
If the design includes shutters, they shall be appropriately sized in proportion to the windows.
(12) 
Any individual facade treatment may not repeat more than twice in any single grouping of townhouse units, except for the stacked townhouse units.
(13) 
The design shall create a "pedestrian scale" to the development generated by facade designs and materials that differentiate the first floor from upper floors.
(14) 
There shall be no windowless facades.
(15) 
Windows shall be double hung and designed with actual or simulated divided lights to complement the historic architectural style.
(16) 
First floor windows shall be taller than windows on the second floor.
(17) 
A minimum of 20% of townhouse units shall include a garage that is one bay wide with the applicant having the sole discretion to provide a garage that is one bay wide in greater than 20% of the townhouse units. Townhouse units not having garages one bay wide may have garages that are two bays wide.
(18) 
Each building consisting of six dwelling units shall include at least two units with garages that are one bay wide.
(19) 
Two car garage doors will appear to be two carriage doors, will have windows and will not exceed 16 feet wide.
(20) 
Building color and materials shall have a complementary palate that is consistent with the general theme of the development.
(21) 
The maximum number of units before a horizontal break in the footprint shall be two and the minimum offset shall be two feet.
(22) 
End units should receive architectural treatments complementary to the front facades and incorporate side entrances with covered porches on the end-facing facade.
(23) 
The applicant will prepare and make available to the Planning Board an existing neighborhood survey showing the architectural design features that inform the character of the proposed neighborhood and, in the discretion of the applicant, architectural design features representative of the neighborhood may be included as part of the applicant's architectural design.
K. 
Blasting requirements and restriction.
(1) 
The applicant's blasting contractor shall conduct a preblasting survey of structures in the vicinity of rock blasting activities within a 300-foot radius. Prior to the commencement of blasting activities, the applicant's blasting contractor shall provide the Borough Engineer with a list identifying the structures that are proposed to be surveyed. If the Borough Engineer believes additional structures should be included in the survey list, the blasting contractor will work with the Borough Engineer to supplement the survey list. At least seven days prior to the commencement of the blasting, the owner(s) and/or occupants(s) of the homes and structures identified on the survey list shall be notified of the anticipated starting and completion date of the blasting activities by way of a letter from the blasting company.
(2) 
The applicant shall retain the services of a licensed New Jersey professional engineer (applicant's engineer) with experience to perform the preblast survey. The applicant's engineer shall submit their resume that includes relevant experience to the Borough for approval prior to performing the work.
(3) 
A vibration monitoring control plan prepared by the applicant's engineer. This a project critical item and the industry standard for providing vibration data during blasting operations to determine if the vibration levels established by the United States Department of Interior have been exceeded that would result in structural damages to the surrounding structures and underground utilities. Compliance at these levels for vibration and air blast eliminates the probability of damage to structures as determined by the United States Department of Interior. The vibration monitoring control shall include the vibration limits (peak particle velocity or PPV) for all structure types, including historical, and seismograph information (manufacturer, model number, calibration date certificates and proposed locations). Vibration monitoring shall be performed in accordance with the plan approved by the Borough during all blasting operations.
(4) 
The applicant shall retain the services of a licensed New Jersey blasting contractor. All blasting shall be performed in accordance with New Jersey Administrative Code Title 12, Labor and Workforce Development, Chapter 190, Explosives, Subchapter 7, Use of Explosives. The blasting contractor shall be required to submit their blasting plan that would include hole locations, depths, charge type and quantity per hole, fuses, delay sequence, blast matting, stemming, etc. The blaster shall demonstrate that the vibration limits for the surrounding structures and utilities would not be exceeded and, if they are exceeded, what is the protocol for revising the blasting plan to ensure the vibration limits are not exceeded during subsequent blasts. Several test blasts shall be performed to determine the effectiveness of the vibration monitoring control plan and anticipated ground response.
(5) 
The applicant's engineer shall perform post-condition surveys once blasting operations are complete. Emergency inspections of the surrounding structures and underground utilities may be required based on the seismograph data recorded during blasting events where the established vibration limit (PPV) has been exceeded.
(6) 
There shall be no on-site rock-crushing operation. The applicant shall utilize dust control measures in connection with all blasting activities. The applicant shall use only the services of a New Jersey State licensed blaster. The site shall be safety fenced during all blasting operations to the satisfaction of the Board Engineer, and the applicant shall secure approval of the proposed safety fencing from the Board Engineer prior to the commencement of blasting activities.
(7) 
The applicant shall also provide to the Borough Clerk, the Borough Engineer, the local Fire Department, and the State Police, in writing, an identification of the blaster, his/her New Jersey blasting license number, address and phone number, and the name and phone number of the applicant's representative who can be contacted in the event of an emergency.
(8) 
The applicant shall maintain a list of those property owners on adjacent lots and those residents who have registered to be notified in advance of blasting operations on site and shall telephonically contact those individuals at least 48 hours in advance of blasting operations regarding the proposed blasting schedule. The applicant shall also notify the State Police, Fire Department, Borough Clerk and Board Engineer. The applicant shall comply with all regulations established by the State of New Jersey.
(9) 
Rock blasting shall be limited to Monday through Friday between the hours of 9:00 a.m. and 4:30 p.m. There shall be no blasting on weekends or holidays. An air horn shall be sounded in advance of each blast.
(10) 
The applicant shall consult with the Borough Building Inspector, Code Enforcement Officer, Engineer, Fire Department representative and State Police representative and prepare a construction safety plan that addresses the precautions that will be taken in conjunction with on-site construction, including the duties of an on-site supervisor, fencing around certain construction areas and child safety measures. This safety plan shall be submitted to the Borough Clerk and Board Engineer prior to the commencement of any on-site work that may involve blasting.
(11) 
All insurance and bonding requirements shall be included in the developer's agreement and approved by the Borough Attorney and Borough Council.
[Amended 3-1-2004 by Ord. No. 3-2004]
A. 
Purpose. The purpose of this district is to provide that the existing dwellings be preserved in their setting and that new dwellings be located in compact development node with access therefor and circulation designed so that the undeveloped open field between Washington Street and the existing residences be preserved to maintain the historic envelope of the residences and integrity of the streetscape.
B. 
Principal permitted uses on land and in buildings.
(1) 
Single-family residences.
(2) 
Two-family residences.
(3) 
Townhouses, except that, with respect to the definition of townhouse, three dwelling units may be permitted in a line.
(4) 
A planned unit residential development in which the following uses are permitted:
(a) 
Single-family residences.
(b) 
Two-family residences.
(c) 
Row houses.
(5) 
General farming.
C. 
Accessory uses permitted: the same as the R-1 District.
D. 
Conditional uses.
[Amended 6-21-2022 by Ord. No. 2022-05]
(1) 
Home occupations meeting the standards set forth in § 80-85D(2).
(2) 
Affordable accessory apartments in accordance with and subject to §80-99, Accessory apartments.
E. 
Comprehensive development, density, bulk and yard regulations for all principal permitted uses.
(1) 
Minimum tract size: The entirety of the district, which shall be designed in a comprehensive manner, whether a planned unit residential development or building lots only are proposed, and any development application that includes a dwelling unit shall show all proposed development for the entire district.
(2) 
Number of dwelling units permitted: The maximum number of dwelling units permitted in the district (whether single-family residences, two-family residences, or row houses) shall be calculated by submitting a test plat of lots conforming to the R-1 District standards. The plat shall include the three residences in existence as of January 1, 2004. With respect to such residences, the test plat shall meet the R-1 minimum lot area standards, but need not meet other bulk standards.
(3) 
Once the number of new dwelling units is established pursuant to Subsection E(2) above, the layout of existing and proposed dwellings may include a variety of lot sizes and building setbacks, provided the provisions of this section are otherwise met and that each lot has safe and sufficient access.
(4) 
Maximum building height.
(a) 
Principal structure: 2 1/2 stories, but not to exceed 35 feet, except that the existing structures may remain or be rebuilt at their existing height.
(b) 
Accessory building: 18 feet.
(5) 
Maximum lot coverage: 50%.
(6) 
Building setback from adjacent residential districts.
(a) 
Principal structure: 25 feet.
(b) 
Accessory building: 10 feet.
F. 
Design standards.
(1) 
The lots, building placement, and unit types set forth on the Illustrative Figures for R-1A Zone attached to the Land Use Plan element of the Master Plan of the Borough of Rocky Hill are for illustrative purposes and show plans satisfying the goals of the R-1A District regulations
(2) 
No buildings or other structures except for fences, walls, and drives shall be located in front of a line extending the front plane of the primary residence, and such land shall either be preserved as common open space or incorporated into a building lot or lots. In either case, such land shall be maintained as an open or farmed area. If incorporated into a building lot or lots, an improvement area beyond which there shall be no disturbance shall be established and memorialized in the property deed restrictions or other mechanism satisfactory to the Planning Board attorney, to govern use and maintenance of the open or farmed area and landscaping and limit the placement of any structures consistent with the intent of this section and provide for Planning Board review of any landscaping plan. If common open space is located in such area, a deed restriction with such restrictions and satisfactory to the Planning Board attorney shall be recorded. Nothing herein shall preclude the property owners from farming the property in accordance with the Farmland Assessment Act and Right to Farm Act.[1]
[1]
Editor's Note: See N.J.S.A. 54:4-23.1 et seq. and N.J.S.A. 4:1C-1, respectively.
(3) 
One additional shared driveway shall be permitted, but only if the applicant demonstrates that it is necessary for safe ingress and egress and that the existing drive is insufficient for such purposes. It shall be located so as to minimize its impact upon the open field and the streetscape, and the cartway therefor shall be no greater than 15 feet wide, except as otherwise required by law.
(4) 
Buildings shall be designed in a style and scale compatible with the architecture within the Historic Preservation District and buildings in the R-1A District and meeting all historic preservation standards.
G. 
Regulations for the raising and breeding of horses. Until such time as a subdivision for building lots is constructed in accordance with the above, the following shall apply whenever a lot is used for the raising and breeding of horses:
(1) 
Minimum area: three acres, including the lot plus land on adjoining lots dedicated by easement for such purposes.
(2) 
Number of horses permitted: no more than one per acre.
(3) 
Setbacks: all structures and areas for the feeding and boarding of horses and all manure piles shall be set back at least 100 feet from all property lines.
(4) 
Fencing: lots upon which horses are raised and bred shall be suitably fenced, but electric fences are prohibited.
[Amended 3-1-2004 by Ord. No. 4-2004.]
A. 
Purpose. It is the purpose of this district to provide for low-density development consistent with the environs of the Village Center, to preserve the existing main residence in its setting, and to preserve the open area along Princeton Avenue because of its close relation to the main residence's viewscape and the greenbelt surrounding much of the Village Center and extending along Princeton Avenue. The district is also intended to provide that additional development be undertaken in a manner compatible with the traditional scale and architecture of the adjacent Village Center.
B. 
Principal permitted uses on land and in buildings.
(1) 
Single-family residences.
(2) 
Two-family residences.
C. 
Accessory uses permitted: the same as the R-1 District.
D. 
Conditional uses.
[Amended 6-21-2022 by Ord. No. 2022-05]
(1) 
Home occupations meeting the standards set forth in § 80-85D(2).
(2) 
Affordable accessory apartments in accordance with and subject to §80-99, Accessory apartments
E. 
Density, bulk and yard regulations for all principal permitted uses.
(1) 
Number of dwelling units permitted: The maximum number of dwelling units permitted in the district (whether single-family residence or two-family residences) shall be calculated by submitting a test plat of lots conforming to the R-1 District standards. The plat shall include the main residence in existence as of January 1, 2004.
(2) 
Minimum lot area: 5,000 square feet.
(3) 
Maximum lot area: 12,000 square feet, except for the lot with the homestead, for which a deed restriction prohibiting further subdivision shall be recorded as a condition of any development approval granted pursuant to these regulations.
(4) 
Minimum lot depth: 100 feet.
(5) 
Minimum lot width: 50 feet.
(6) 
Minimum front yard.
(a) 
Principal structure: 15 feet.
(b) 
Accessory building: 40 feet.
(7) 
Minimum side yard.
(a) 
Principal structure: five feet.
(b) 
Accessory building: five feet.
(8) 
Minimum rear yard.
(a) 
Principal structure: 20 feet.
(b) 
Accessory building: five feet.
(9) 
Maximum building height.
(a) 
Principal structure: 2 1/2 stories, but not to exceed 35 feet.
(b) 
Accessory building: 18 feet.
(10) 
Maximum lot coverage: 50%.
(11) 
Building setback from adjacent residential districts.
(a) 
Principal structure: 25 feet.
(b) 
Accessory structure: 10 feet.
(12) 
Maximum square feet per dwelling unit: 3,000 square feet of habitable space, except that such limitation shall not apply to the homestead.
F. 
Design standards.
(1) 
The lots, building placement, and unit types set forth in the Illustrative Figures for R-1B Zone attached to the Land Use Plan element of the Master Plan of the Borough of Rocky Hill are for illustrative purposes and show plans satisfying the goals of the R-1B District regulations.
(2) 
Except as shown in Illustrative Figures for R-1B Zone 1 of 3 and 2 of 3, no buildings or other structures except for fences, walls, and drives shall be located in front of a line extending the front plane of the primary residence, nor shall any lot be located within 50 feet of such residence. Such land shall be incorporated into the primary residence's building lot and shall be maintained as an open area. An improvement area beyond which there shall be no disturbance shall be established and memorialized in the property deed restrictions or other mechanism satisfactory to the Planning Board attorney as a condition of any development approval granted pursuant to these regulations. Such restrictions or other mechanisms shall govern use and maintenance of the open area and landscaping and limit the placement of any structures consistent with the intent of this section and provide for Planning Board review of any landscaping plan.
(3) 
To the extent practicable, the driveway existing at the time this chapter is adopted shall be used for access to the new lots, and to the extent feasible there shall be no change in configuration of such driveway.
(4) 
Buildings shall be designed in a style and scale compatible with the architecture within the Historic Preservation District and principal building in the R-1B District and meeting all historic preservation standards.
G. 
Regulations for the raising and breeding of horses. Until such time as a subdivision for building lots is constructed in accordance with the above, the following shall apply whenever a lot is used for the raising and breeding of horses:
(1) 
Minimum area: three acres, including the lot plus land on adjoining lots dedicated by easement for such purposes.
(2) 
Number of horses permitted: no more than one per acre.
(3) 
Setbacks: all structures and areas for the feeding and boarding of horses and all manure piles shall be set back at least 100 feet from all property lines.
(4) 
Fencing: lots upon which horses are raised and bred shall be suitably fenced, but electric fences are prohibited.
A. 
Purpose. The purpose of this district is to recognize the existing pattern of residential use in the older, village section of the Borough and to provide for smaller lot sizes and shorter yard requirements in conformity therewith.
B. 
Principal permitted uses on land and in building: the same as the R-1 District.
C. 
Accessory uses permitted: the same as the R-1 District.
D. 
Conditional uses.
[Amended6-21-2022 by Ord. No. 2022-05]
(1) 
The same as the R-1 district; there are no conditional uses in R-1 other than accessory apartments.
(2) 
Affordable accessory apartments in accordance with and subject to §80-99, Accessory apartments.
E. 
Density, bulk and yard regulations for single-family residences.
(1) 
Minimum lot area: 12,000 square feet.
(2) 
Minimum lot depth: 150 feet.
(3) 
Minimum lot width: 80 feet.
(4) 
Minimum front yard.
(a) 
Principal structure: 15 feet.
(b) 
Accessory building: 40 feet.
(5) 
Minimum side yard.
(a) 
Principal structure: five feet.
(b) 
Accessory building: five feet.
(6) 
Minimum rear yard.
(a) 
Principal structure: 20 feet.
(b) 
Accessory building: five feet.
(7) 
Maximum building height.
(a) 
Principal structure: 35 feet.
(b) 
Accessory building: 18 feet.
(8) 
Maximum lot coverage: 50%.
F. 
Buffers. No requirement.
G. 
Minimum off-street parking: two spaces per dwelling unit.
H. 
Regulations for the raising and breeding of horses.
(1) 
Minimum lot area: three acres.
(2) 
Number of horses permitted: no more than one per acre.
(3) 
Setbacks: all structures and areas for the feeding and boarding of horses and all manure piles shall be set back at least 100 feet from all property lines.
(4) 
Fencing: lots upon which horses are raised and bred shall be suitably fenced, but electric fences are prohibited.
A. 
Purpose. The purpose of this district is to provide for clustering as a form of planned development. Development shall be in accordance with the provisions of Article VI in order to provide flexibility in site design by creating smaller lots while generating open-space areas for parks and recreation use to be compatible with the historic district as well as larger lot subdivisions.
B. 
Principal permitted uses on land and in buildings.
(1) 
Single-family residences.
(2) 
Townhouses.
C. 
Accessory uses permitted: the same as uses set forth in § 80-85C(1) through (3) and (5).
D. 
Conditional uses.
[Amended 6-21-2022 by Ord. No. 2022-05]
(1) 
Home occupations meeting the standards set forth in § 80-85D(2).
(2) 
Affordable accessory apartments in accordance with and subject to §80-99, Accessory apartments.
E. 
Density, bulk and yard regulations.
Townhouses
Single-Family
Individual Units
Overall Structure
Maximum density
1.5 units per gross acre
N/A
2 units per gross acre
Maximum density per net acre
N/A
N/A
6 units per acre
Minimum lot area
7,500 square feet
1,400 square feet
40,000 square feet
Maximum lot area
10,000 square feet
1,800 square feet
N/A
Minimum lot depth
100 feet
80 feet
150 feet
Minimum lot width
75 feet
16 feet
150 feet
Minimum front yard
40 feet
20 feet
20 feet
Minimum side yard (each)
40 feet
-0-
20 feet
Minimum rear yard
20 feet
20 feet
85 feet
Maximum building height
35 feet
35 feet
35 feet
Maximum lot coverage
20%
50%
20%
Minimum public open space and/or common property
30% of the overall tract of a single-family development
40% of the overall tract of a townhouse project
Minimum tract size
10 acres
10 acres
10 acres
F. 
Minimum off-street parking: two spaces per dwelling unit. Within townhouse complexes there shall be no curbside parking. Where townhouse parking spaces are in garages or other assigned spaces, there shall be additional parking spaces in parking lots at the rate of 0.5 space per garaged or assigned space. Individual garages served by a driveway shall count as one space.
G. 
Arrangement of townhouse structures.
(1) 
Distances between buildings. Principal buildings shall be no closer to each other than 40 feet on the plane which describes the buildings as being next to each other and 70 feet on the plane which describes the buildings as backing or fronting each other.
(a) 
An accessory structure related to a townhouse structure shall be no closer than 10 feet to an accessory structure related to another townhouse structure. Garages for adjacent townhouse units may be attached to each other.
(2) 
Siting of buildings.
(a) 
Structures shall be located on the least environmentally sensitive land on the tract and shall be sited in one or more clusters in a manner most appropriate to the natural features of the tract.
(b) 
Each dwelling unit shall be located so that it is accessible by police, fire-fighting and emergency vehicles.
(c) 
Each dwelling unit location shall be reasonably related to its appurtenant parking area.
(d) 
Each dwelling unit shall have at least two exposures. All buildings shall be designed and sited in an energy-efficient manner.
(e) 
Each dwelling unit shall be provided reasonable visual and acoustical privacy.
A. 
Purpose. The purpose of this district is to provide an area for small retail sales and service-type uses in locations where such uses currently exist.
B. 
Principal permitted uses on land and in buildings.
(1) 
Retail sales.
(2) 
Service uses.
(3) 
Restaurants and bar.
(4) 
Offices and bank.
(5) 
For purposes of this chapter, laundries, bakeries, printing shops, dry-cleaning establishments and other businesses in which a product is produced shall be deemed to be industries where they employ more than eight persons or use process machinery of more than 10 horsepower, but it is not intended that a retail store or bank shall be limited in the number of its employees.
(6) 
Single-family residences in accordance with all requirements of the R-2 District.
(7) 
General farming, including the raising and breeding of horses, but excluding all other forms of animal husbandry.
C. 
Accessory uses permitted.
(1) 
Off-street parking.
D. 
Conditional uses.
[Amended 6-21-2022 by Ord. No. 2022-05]
(1) 
Affordable accessory apartments in accordance with and subject to §80-99, Accessory apartments.
E. 
Density, bulk and yard regulations.
(1) 
Minimum lot area: 10,000 square feet.
(2) 
Minimum lot depth: 100 feet.
(3) 
Minimum lot width: 50 feet.
(4) 
Minimum front yard: 15 feet.
(5) 
Minimum rear yard: 25 feet.
(6) 
Maximum building height: 35 feet.
(7) 
Maximum lot coverage: 40%.
(8) 
Maximum floor area ratio: 0.4.
(9) 
Minimum business floor area: 800 square feet.
(10) 
Minimum side yard: All business buildings may be built without side yards, except that where a side yard in the business zone adjoins the side yard in a residential zone, there shall be a minimum side yard in the business zone of 10 feet. Where a business and residential use is combined in the same building, there shall be two side yards, and each side yard shall be not less than 10 feet.
F. 
Minimum off-street parking.
[Amended 10-15-2018 by Ord. No. 10-2018]
Land Use
Minimum Number of Off-Street Parking Spaces Required
Restaurants, eateries or similar establishments
1 for every 3 seats or 1 per every 200 square feet if the establishment is predominantly take-out
Meeting places or other places of public or private assembly
1 for every 3 seats or, where capacity is not determined by the number of fixed seats, 1 space for every 50 square feet of gross floor area
Retail use
1 for every 250 square feet of gross floor area, exclusive of basement area if not used for sale or display of merchandise
Offices, including professional offices but excluding medical uses
1 for every 300 square feet of gross floor area
Medical offices, dental offices and clinics
1 for every 250 square feet of gross floor area
Child-care centers
1 for every 600 square feet of gross floor area plus adequate space for student pickup and delivery 1 additional space for each employee shall also be provided
Studio, art, music, dance, gymnastics and similar instructional use
1 for every 250 square feet of gross floor area
Barber shop, beauty salon, nail salon, dry cleaners and other personal service uses
1 for every 250 square feet of gross floor area
Buildings or uses other than those specified above
At least 1 for every 1,000 square feet of gross lot area, unless otherwise determined differently by the Planning Board. The determination shall be consistent with the principles set forth herein for comparable buildings
Mixed uses
Mixed uses in the same building shall be calculated as the sum of the individual uses, unless the applicant can demonstrate to the Planning Board that the parking characteristics of the individual uses are such that the total needs of the development are less than the sum of the parts
G. 
Regulations for the raising and breeding of horses.
(1) 
Minimum lot area: three acres.
(2) 
Number of horses permitted: no more than one per acre.
(3) 
Setbacks: all structures and areas for the feeding and boarding of horses and all manure piles shall be set back at least 100 feet from all property lines.
(4) 
Fencing: lots upon which horses are raised and bred shall be suitably fenced, but electric fences are prohibited.
A. 
Purpose. The purpose of this district is to provide for the existing industry in the Borough.
B. 
Principal permitted uses on land and in buildings.
(1) 
Offices for executive or administrative purposes.
(2) 
Scientific or research laboratories, including incidental pilot plants in connection therewith.
(3) 
Fabrication and assembly of products.
(4) 
General farming, including the raising and breeding of horses, but excluding all other forms of animal husbandry.
C. 
Accessory uses permitted.
[Amended 9-21-2020 by Ord. No. 2020-02]
(1) 
Off-street parking.
(2) 
Fences and walls.
(3) 
Signage in accordance with § 80-74B(3).
D. 
Conditional uses.
[Amended 6-21-2022 by Ord. No. 2022-05]
(1) 
Affordable accessory apartments in accordance with and subject to §80-99, Accessory apartments.
E. 
Density, bulk and yard regulations.
(1) 
Minimum lot area: 10 acres.
(2) 
Minimum lot depth: 600 feet.
(3) 
Minimum lot width: 250 feet.
(4) 
Minimum front yard: 200 feet.
(5) 
Minimum side yard (each): 200 feet.
(6) 
Minimum rear yard: 200 feet.
(7) 
Maximum building height: 35 feet.
(8) 
Maximum lot coverage: 40%.
(9) 
Minimum ground floor area: 20,000 square feet.
(10) 
Maximum floor area ratio: 0.5.
F. 
Buffers: in accordance with the provisions found in § 80-46, entitled "Buffers."
[Amended 9-21-2020 by Ord. No. 2020-02]
G. 
Minimum off-street parking: one space for every 250 square feet of gross floor area for the uses set forth in § 80-93B(1) and (2) hereof and 300 square feet of gross floor area for the uses set forth in § 80-93B(3) hereof.
H. 
Regulations for the raising and breeding of horses.
(1) 
Minimum lot area: three acres.
(2) 
Number of horses permitted: no more than one per acre.
(3) 
Setbacks: all structures and areas for the feeding and boarding of horses and all manure piles shall be set back at least feet from all property lines.
(4) 
Fencing: lots upon which horses are raised and bred shall be suitably fenced, but electric fences are prohibited.[1]
[1]
Editor's Note: Former Subsection I, regarding other provisions, which immediately followed, was repealed 9-21-2020 by Ord. No. 2020-02.
[Amended 6-21-2004 by Ord. No. 11-2004]
A. 
Purpose. It is the purpose of this district to recognize land that is owned by governmental units and civic organizations and that is devoted to public and quasi-public uses.
B. 
Principal permitted uses on land and in buildings.
(1) 
Public parks, play fields, and playgrounds.
(2) 
Municipal offices of the Borough of Rocky Hill.
(3) 
Facilities, including storage sheds and garages, for municipal functions and equipment.
(4) 
Public utilities.
C. 
Accessory uses permitted.
(1) 
Off-street parking.
(2) 
Fences and walls.
(3) 
Uses naturally and normally incident to principal uses or other permitted accessory uses.
D. 
Conditional uses.
(1) 
Public libraries, facilities for community and civic groups, cemeteries, facilities for fire and rescue emergency services owned and operating by nonprofit organizations, public and private nursery schools, and group homes serving low - and moderate-income households and in compliance with all regulations of the Council on Affordable Housing, subject to the following conditions:
(a) 
The minimum lot size and setbacks shall be the same as in the R-2 District.
(b) 
Maximum building height.
[1] 
Principal building: 2 1/2 stories, but not to exceed 35 feet.
[2] 
Accessory building: 18 feet.
(c) 
Parking: Sufficient parking shall be provided to meet the needs of the proposed use.
(d) 
In the case of nursery schools, sufficient stacking shall be provided so as not to create a traffic hazard.
(e) 
Buffer requirement: A planted buffer comprised of a minimum depth of 15 feet or fencing, or both, all at the Planning Board's option, shall be provided between all parking areas or other outdoor facilities and adjacent residential lots. This provision may be satisfied if the natural topography or other natural or man-made features adequately separate parking areas from adjoining land used for residential purposes.
E. 
Density bulk and yard regulations. For municipally owned lots and for any use owned and operated by the Borough of Rocky Hill, there shall be no minimum lot size, setback requirement, or other bulk limitation.
[Amended 11-18-2013 by Ord. No. 7-2013]
A. 
Purpose. The purpose of this district is to regulate development within the Borough's historic district.
B. 
Criteria governing issuance of preservation permits.
(1) 
General criteria. A preservation permit shall be granted only if the covered acts set forth in § 80-22A(1), as proposed or as modified by conditions imposed by the Planning Board:
(a) 
Are compatible with the existing structures of the Historic Preservation District;
(b) 
Would not adversely affect the ambiance, character, and appearance of the Historic Preservation District and the relationships among structures and between structures and public or private streets in the district;
(c) 
Would not adversely affect the visual exterior architectural features and setting of the structure and its historical and architectural interest;
(d) 
Are not out of scale with the other structural elements in the Historic Preservation District; and
(e) 
Are consistent with the additional criteria of this section and with the purposes of this chapter.
(2) 
Additional criteria for proposed new construction or additions to existing structures; moving of structures into or within the Historic Preservation District; existing structures erected after January 1, 1930.
(a) 
A preservation permit to construct new structures or additions to existing structures, or to move structures into or within the Historic Preservation District, or involving covered acts to structures erected after January 1, 1930, shall be granted only if the work as proposed or as modified by conditions imposed by the Planning Board:
[1] 
Is not incongruous with the existing structures and streetscapes of the Historic Preservation District; and
[2] 
Is visually compatible with the structures and places to which it is visually related, as judged by the following standards:
[a] 
The height of the proposed structure shall be visually compatible with structures within the Historic Preservation District.
[b] 
The relationship of the width of the structure to the height of the front elevation shall be visually compatible with structures and places to which it is visually related within the Historic Preservation District.
[c] 
The relationship of the width of windows to the height of windows in a structure shall be visually compatible with the structures and places to which it is visually related within the Historic Preservation District.
[d] 
The relationship of solids to voids in the front facade of a structure shall be visually compatible with the structures and places to which it is visually related within the Historic Preservation District.
[e] 
The relationship of the structure to the open space between it and adjoining structures shall be visually compatible with the structures and places to which it is visually related within the Historic Preservation District.
[f] 
The relationship of entrance and porch projections to the street shall be visually compatible with the structures and places to which it is visually related within the Historic Preservation District.
[g] 
The relationship of materials and texture of the facade and roof of a structure shall be visually compatible with the predominant materials used in the structures to which it is visually related within the Historic Preservation District.
[h] 
The roof shape of a structure shall be visually compatible with structures to which it is visually related within the Historic Preservation District.
[i] 
If proposed, appurtenances such as walls and open-type fencing shall form cohesive walls of enclosure along a street, to the extent necessary to maintain visual compatibility of the main structure with the structures and places to which it is visually related within the Historic Preservation District.
[j] 
The size of the structure, the mass of the structure in relation to open spaces, and the windows, door openings, porches and balconies shall be visually compatible with the structures and places to which it is visually related within the Historic Preservation District.
[k] 
A structure shall be visually compatible with structures and places to which it is visually related in its directional character, whether this be vertical character, horizontal character, or nondirectional character within the Historic Preservation District.
(b) 
It is not the intent of this chapter to discourage contemporary architectural expression or to encourage new construction which emulates existing buildings of historic architectural interest of a certain period or architectural style, but to preserve the integrity and authenticity of the Historic Preservation District and to insure the compatibility of new structures therein. If past architectural styles are to be used, a copy of a specific structure is preferable to an amalgam of building types, forms, and styles.
(3) 
Additional criteria for structures erected before January 1, 1930, that does not include their demolition or removal from the Historic Preservation District. A preservation permit for covered acts on structures erected before January 1, 1930, when such covered act is the construction of an addition or alteration to a structure or the alteration of an outbuilding other than the demolition or removal of such structures from the Historic Preservation District, shall be granted only if the work as proposed or as modified by conditions imposed by the Planning Board:
(a) 
Preserves or enhances the historical or architectural value of and character of the structure; and
(b) 
Seeks to return the structure, or the part covered by the application, to the known or reasonably conceived appearance (including design elements, architectural details, and textures) it had when it was first constructed or when it was remodeled, if the remodeling occurred before January 1, 1930. Modifications necessary or beneficial to contemporary living consistent with the architectural design and character of the structure or modifications which improve structures lacking architectural merit and not in character with the Historic District may be considered. In determining whether the applicant is proposing work which will restore the authenticity of the structure, as hereby required, the following principles, among other appropriate factors, shall when feasible be followed:
[1] 
Existing materials, if viable, if they are the original materials of the original structure or remodeling which is being restored, should be maintained and repaired rather than replaced. Modern low-maintenance or energy-efficient visually compatible materials may be substituted.
[2] 
Architectural details of the original construction or remodeling which is being restored or altered should be retained. This includes, but is not limited to, cornices and their brackets, window trims such as molded lintels, porch elements such as posts, balustrades, and spindles, and windows, particularly the number and size of the individual panes.
[3] 
If an element must be replaced rather than repaired, a visual facsimile of the original is preferable to a similar or conjectural piece.
[4] 
If a visual facsimile of a missing piece cannot be obtained, similar or conjectural items are preferable to none at all.
[5] 
The original roofing material should be maintained or repaired, and, if replacement is needed, it should be of the same material and size. If the same material is not available, a substitute material should be of the same shape, texture, and size. A visually compatible modern low-maintenance or energy-efficient building material may be considered.
[6] 
Storm windows and doors are not prohibited, but should be as unobtrusive as possible.
[7] 
Period trim that defines the character of a building should be retained.
[8] 
Synthetic siding is acceptable, but the width of the siding shall be visually appropriate for the period of the building's construction.
[9] 
Windows should be divided into the number of lights appropriate to the style of the building. True divided lights are preferred, but snap-in muntins are acceptable.
[10] 
Shutters should be of a height and width so that they appear capable of being closed. They are not appropriate on double, bay, or picture windows.
[11] 
Doors should have the number and type of panels suitable to the style of the building.
(4) 
Additional criteria for demolition or removal of structures from the Historic Preservation District.
(a) 
Structures built before January 1, 1930.
[1] 
A preservation permit for demolition or removal from the Historic Preservation District of structures built before January 1, 1930, shall not be granted unless the applicant establishes to the satisfaction of the Planning Board that the condition of the structure is such that the cost of necessary restoration or repairs would preclude the owner from making any reasonable economically viable use of the property.
[2] 
A preservation permit for the partial demolition of structures built before January 1, 1930, may be granted only if the applicant provides sufficient documentation (including photographs and/or accurate drawings) of the portion of the existing exterior structure to be demolished so that any future restoration will be able to replicate appropriately the architectural details of the original structure.
[3] 
If a partial or total demolition of the structure built before 1930 is required to improve or modernize mechanical systems or improve energy efficiency, then such permit may be granted only if the applicant provides sufficient documentation (including photographs and/or accurate drawings) of the existing exterior structure, or portion thereof, to be demolished to enable a visually identical exterior reconstruction of the original structure. Further, to the extent possible, the applicant should salvage as many original exterior architectural components and use same in the reconstruction of the structure.
(b) 
Structures built after January 1, 1930. A preservation permit for the partial or total demolition of structures built after January 1, 1930, shall be granted only if the applicant provides sufficient documentation (including photographs and/or accurate drawings) of the existing structure, or portion thereof, to be demolished so that any future restoration will be able to replicate the architectural details of the original structure. Further, the permit will also be predicated on establishing that the site improvements being requested will contribute visually to the Historic District at least as much as the structure being demolished.
(5) 
Additional criteria for site plans, subdivisions, and other development applications. Site plan, subdivision, and other development applications which propose improvements shall respect the historic pattern of use of the historic property; respect the interrelationship of historic features of the property; and provide for an adequate visual buffer for the principal structure or structures and, where appropriate, for an adequate visual buffer for the other historic features of the site by use of open areas and appropriate plantings and, in implementation of these standards, create an historic protection area around the historic features on the property. The historic protection area shall include the principal structure and all of the other historic features on the property. The area shall also be of a size and configuration sufficient to maintain the historic setting and historic character of the property. All other dwelling units and other structures which the applicant proposes to build on the site may be clustered on the remainder of the tract outside the historic protection area and may be located on smaller lots than are otherwise permitted in the zone, provided that the lots may not be of such a size which the Planning Board deems inappropriately small given the configuration of the design of the subdivision and the size of the units to be constructed thereon, and further provided that the number of dwelling units, including the principal structure in the historic preservation area if such structure is a residential unit, is no greater than the number the applicant could achieve on the site were it to be developed on the basis of a conventional subdivision complying with all provisions of this chapter. Historic protection areas shown on the approved plans shall be included in one lot which does not include any proposed improvements on vacant land other than those accessory to the principal use or uses in the historical protection area. Such lot shall:
(a) 
Not be further subdivided so as to create additional building lots; and
(b) 
Be deed restricted in a manner acceptable to the Planning Board attorney so as to prohibit further development on vacant land within such lot except for uses accessory to the principal uses within the lot. The Planning Board may require such additional deed restrictions as it deems desirable to protect the historic features of the property. All development applications within the district shall show all proposed improvements and shall be developed in accordance with a Comprehensive Plan.
(6) 
Phasing of stabilization plans and exterior renovation of and landscaping for historic structures.
(a) 
The Planning Board, when approving a development application in the Historic Preservation Zoning District, may require that:
[1] 
Any historic structure on the property be made secure against theft and vandalism;
[2] 
Inflammable materials not be stored therein except in a manner approved by the Fire Marshall;
[3] 
Interior features of historic significance, such as moldings, fireplace mantels, doors, and fixtures, not be removed except for preservation purposes and that any such features which are removed be put back in place;
[4] 
The interior not be damaged and any damage be repaired;
[5] 
Emergency repairs sufficient to protect against deterioration of the structure be undertaken and proof of inspection for insect and vermin infestations and of appropriate remedial work be submitted;
[6] 
The structure be made structurally sound and its electrical, plumbing, and heating systems be in adequate working order and free of hazards; and
[7] 
The exterior of the structure be restored in a manner consistent with the criteria set forth herein and landscaped with historic plantings as found and with other appropriate plantings.
(b) 
The Planning Board may condition the filing of a subdivision plat upon the above obligations being met; may establish a phasing plan setting forth when any repair work shall be completed and the other obligations set forth herein are to be met; and may require that the repair and restoration work be subject to the approval of the Borough's Zoning Officer.
(7) 
Work under preexisting permits. The provisions of this chapter shall not apply to any work performed pursuant to a valid and existing development approval or building permit issued prior to the effective date of this chapter.
[Amended 9-21-2020 by Ord. No. 2020-02]
All lands that lie within the boundaries of the Airport Safety Zone shall comply not only with the regulations and standards set forth in this chapter and all other ordinances of this Borough but also with the minimum obstruction standards established in N.J.A.C. 16:62-4.1 and the minimum land use standards established in N.J.A.C. 16:62-5.1.